Proficient Learning, LLC – Terms of Use

THESE “TERMS OF USE” APPLY TO THE WEBSITES (EACH A “SITE”) AND MOBILE APPLICATONS (EACH AN “APP”) OWNED AND OPERATED BY OR FOR PROFICIENT LEARNING, LLC (“PROFICIENT LEARNING”), INCLUDING WITHOUT LIMITATION, WWW.PROFICIENTLEARNING.COM AND WWW.MYMCOACH.COM AND THE MCOACH APP. PLEASE REVIEW THERE TERMS CAREFULLY BEFORE USING THE SITE OR APP. USING THE SITE OR APP INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR APP.

As used on this web site, “Proficient Learning,” “and “the Company” refer to Proficient Learning, LLC, a North Carolina corporation.

Acceptance of Terms

The following are terms of a legal agreement between you and Proficient Learning. By accessing, browsing, and/or using the Site or App, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you wish to use the App, you will need to provide certain information to the Company in order to access the App, including your password and ID as provided by your employer. If you do not agree to these Terms, do not use this Site or the App.

As a user of our Site or App, you represent that you are at least 18 years of age. You further represent that all information provided by you in registering for an account through the Site or with respect to your purchase of any products through the Site will be accurate and complete.

Revisions to Terms of Use

Proficient Learning may at any time revise these Terms of Use by updating this posting. By using this Site or the App, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Intellectual Property, Copyright; Use Restrictions

All intellectual property rights, including copyright, patent rights, and trade secret rights, associated with the Sites and App and any other Proficient Learning products, including their content and underlying technology, are the sole and exclusive property of Proficient Learning. You shall have the limited license to use the App solely as authorized by Proficient Learning and for permissible purposes. Except for this limited license, use of the Site or App does not create any licenses or other rights in our intellectual property. The material provided on the Site and App is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all content and material provided on the Site and App is held by Proficient Learning. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Proficient Learning. You also may not, without Proficient Learning’s permission, “mirror” any material contained on the Site on any other server.

Certain portions of our Site may be accessible only to registered clients of ours (“Clients”). If you are not an authorized user of a Client, you agree not to access or attempt to access such Client portions of the Site or the materials on such restricted pages. The App may be accessed and used only by authorized users of a Client that has purchased the right to use the App. All use of the App by you shall be in accordance with the agreement between Proficient Learning and the applicable Client (“Client Agreement”). Any unauthorized access to such portions of the Site or materials or use of the App other than as permitted under a Client agreement shall be a material breach of these Terms.

Trademarks

The Proficient Learning name and logo, MCOACH, the MCOACH logo, and any other trademarks, service marks or product or service names, marks or logos used by us on the Site or App or otherwise in connection with our products (the “Trademarks”) are the trademarks of Proficient Learning, LLC. Nothing on this Site or the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site or App, without the written permission of Proficient Learning. Neither the name of Proficient Learning nor the Proficient Learning logo, the MCOACH trademark or any of our other Trademarks may be used in any way without our prior, written permission.

Legal Information/Disclaimers

Services

Information regarding the company and its products and services are presented for general informational purposes only and are not intended, and should not be construed, as a warranty or guarantee for the products or services or state any specific claims for the product or service.

Disclaimer of Warranty

THE INFORMATION AND MATERIALS ON THIS SITE AND APP ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PROFICIENT LEARNING DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PROFICIENT LEARNING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE, THE APP OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY PROFICIENT LEARNING, OTHER THAN SUCH LIMITED WARRANTIES AS ARE MADE AVAILABLE TO YOU UNDER A CLIENT AGREEMENT EXECUTED BETWEEN PROFICIENT LEARNING AND YOU AS CLIENT.

Limitation of Liability

Your sole remedy for any failure of any part of the Site or APP or dissatisfaction with or error on the Site or App is to cease using the Site or APP. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROFICIENT LEARNING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS ON THIS SITE, EVEN IF PROFICIENT LEARNING OR AN PROFICIENT LEARNING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU HAVE EXECUTED A CLIENT AGREEMENT WITH PROFICIENT LEARNING, THE CLIENT AGREEMENT SHALL APPLY.

Transmissions to this Site; Feedback

Any material, information or ideas you transmit to or post on or through the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Proficient Learning or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

Third Party Links

The Site or App may contain hyperlinks to certain third party websites. We do not review, maintain, or control such third party sites and any hyperlinks are provided solely as a convenience to you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked websites is not part of this Site. We expressly disclaim any responsibility for the content of any third party sites linked to this Site. We urge you to use discretion when you access any third party sites linked to our site.

Miscellaneous

The Terms of Use and our Privacy Statement shall constitute the entire agreement between you and Proficient Learning regarding your use of and access to the Site and App and shall supersede any and all prior terms of use or agreements between you and Proficient Learning relating to the use of the Site or App; provided, however, that if we have executed a Client Agreement, such Client Agreement shall govern use of the App by Client and Client’s authorized users.

The Site and App is controlled and operated by Proficient Learning from the United States. Proficient Learning makes no representation that materials in the Site or App or our other products or services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site or use the App from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and App and the materials contained herein shall be governed by the laws of the United States of America and state of North Carolina. By accessing or using this Site, you consent to exclusive jurisdiction and venue in such federal and state courts in the State of North Carolina.

Proficient Learning may terminate or suspend the Site or App or your access to the Site or App at any time without notice, including upon any breach by you of any provision of these Terms of Use or if applicable as set forth in a Client Agreement.

 

Version No. 1

Last Updated: August 10, 2017